12.07.2015 Views

the travaux préparatoires hague rules hague-visby rules - Comite ...

the travaux préparatoires hague rules hague-visby rules - Comite ...

the travaux préparatoires hague rules hague-visby rules - Comite ...

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

PART II - SDR PROTOCOL 587Article 4 (5) - Limits of liabilityjust mentioned, <strong>the</strong>y shall be entitled to make use of “monetary units” which are identicalto <strong>the</strong> “Francs Poincaré”.4. No suggestions will be found in <strong>the</strong> two drafts with respect to <strong>the</strong> number of ratificationsthat will be required so that <strong>the</strong> Protocol will enter into force. On <strong>the</strong> onehand, it may be argued that this number should be identical to <strong>the</strong> number requiredfor <strong>the</strong> entry into force of <strong>the</strong> original convention which it is designed to amend. However,in view of <strong>the</strong> obligations imposed by <strong>the</strong> I.M.F., such number may well be toohigh. Under <strong>the</strong>se conditions it was thought preferable to leave <strong>the</strong> matter open.5. Finally an explanation should be given for <strong>the</strong> fact that drafts are presented for twoBrussels Conventions only whereas, in actual fact, three fur<strong>the</strong>r Conventions might,conceivably, have been given <strong>the</strong> same attention.With respect to one of <strong>the</strong>se Conventions, viz. <strong>the</strong> Convention on <strong>the</strong> liability ofoperators of nuclear ships, it was thought inappropriate to amend it in view of <strong>the</strong> factthat <strong>the</strong> Convention itself has not yet come into force by lack of a sufficient number ofratifications. Should an additional number of States feel <strong>the</strong> desire to ratify <strong>the</strong> Convention<strong>the</strong>n, no doubt, all interested States will enter into negotiations with a view toamend <strong>the</strong> Convention.With respect to two o<strong>the</strong>r Conventions, viz. <strong>the</strong> Convention for <strong>the</strong> unification ofcertain <strong>rules</strong> relating to <strong>the</strong> limitation of <strong>the</strong> liability of owners of seagoing vessels and<strong>the</strong> International Convention for <strong>the</strong> unification of certain <strong>rules</strong> of law relating to billsof lading, both signed at Brussels on August 25th, 1924, it should be pointed out that<strong>the</strong> first mentioned convention has been largely superseded by <strong>the</strong> 1957 LimitationConvention, whereas <strong>the</strong> second has been amended by <strong>the</strong> 1968 Protocol, one of <strong>the</strong>essential objects of <strong>the</strong> Protocol being to provide a solution for <strong>the</strong> problems that hadarisen as a consequence of <strong>the</strong> 1924 Convention using as a monetary unit <strong>the</strong> poundsterling “to be taken to be gold value”. Under <strong>the</strong>se conditions it was feared that, topresent a draft for <strong>the</strong> amending of <strong>the</strong> 1924 Conventions would not contribute to internationaluniformity. Therefore no proposal to that effect is presented.Draft Protocol to amend <strong>the</strong> International Convention for <strong>the</strong> Unification ofcertain Rules of Law relating to Bills of Lading, 1924, as amended by <strong>the</strong> Protocol,1968.The Parties to <strong>the</strong> present Protocol being parties to <strong>the</strong> International Conventionfor <strong>the</strong> unification of certain <strong>rules</strong> of law relating to bills of lading, done at Brussels on25th August, 1924, and <strong>the</strong> Protocol to amend that Convention, done at Brussels on23rd February, 1968.Have agreed as follows:Article 1For <strong>the</strong> purpose of this Protocol: “Convention” means <strong>the</strong> International Conventionfor <strong>the</strong> unification of certain <strong>rules</strong> of law relating to bills of lading, done at Brusselson 25th August, 1924, (and its Protocol of signature) as amended by <strong>the</strong> Protocoldone at Brussels on 23rd February, 1968.Article 21. Article 4, paragraph 5, a) of <strong>the</strong> Convention is replaced by <strong>the</strong> following:a) Unless <strong>the</strong> nature and value of such goods have been declared by <strong>the</strong> shipperbefore shipment and inserted in <strong>the</strong> bill of lading, nei<strong>the</strong>r <strong>the</strong> carrier nor <strong>the</strong>ship shall in any event be or become liable for any loss or damage to or in connectionwith <strong>the</strong> goods in an amount exceeding 666,67 units of account perpackage or 2 units of account per kilo of gross weight of <strong>the</strong> goods lost or damaged,whichever is <strong>the</strong> higher.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!